DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 11, 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites, “…wherein, based on the reception of the signal through the one of the first resources being successful, the second resource between the one of the first resources and a first resource immediately after the one of the first resources is not used for the UE…” (emphasis added)
This feature is not supported by the originally filed disclosure. The closes teaching only suggests: “When the UE performs PDSCH reception and/or PUSCH transmission in the first use radio resource, the UE does not perform transmission and/or reception in another second use radio resource that exists up to a next first use radio resource…” (¶85) This, however, does not teach or support the claimed feature.
Claim 11 and 15 are rejected based on similar reasons.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-11 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, “wherein, based on the reception of the signal through the one of the first resources being successful, the second resource between the one of the first resources and a first resource immediately after the one of the first resources is not used for the UE”. It is unclear “a first resource” being from the previously defined “first resources” of a different “first resource”. Claims are read as best understood by the examiner for purpose of examination.
Claims 11 and 15 are rejected based on similar reasons.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 11, 15, is/are rejected under 35 U.S.C. 103 as being unpatentable over SINGH et al (US 2023/0422235) in view of WONG et al (US 2023/0388084)
Regarding claim 1, and 11, SINGH et al (US 2023/0422235) discloses a method performed by a UE, the method comprising:
receiving information for a first radio resource set and a second radio resource set, the first radio resource set including first resources within one period (SINGH: Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶3, a set of dedicated resources (first set) for a configuration/CG period is configured at the wireless device), and the second radio resource set including a second resources within the one period (SINGH: Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶209, a set of shared resources (second set) are provided/configured at the wireless device), wherein the first radio resource set is a dedicated resource set for the UE, and the second radio resource set is a common resource set for a serving cell of the UE (SINGH: Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶3, a set of dedicated resources (first set) for a configuration/CG period is configured at the wireless device; Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶209, a set of shared resources (second set) are provided/configured at the wireless device)
based on the first resources and the second resource being available within the one period for the UE, attempting to perform communication of a signal through one of the first resources (SINGH: ¶199, ¶206, Fig. 7 and Fig. 8b the first and second resources are available within the CG period; the communication is performed through one of the first set of resources (dedicated radio resources in Fig. 8b)),
wherein, based on the communication of the signal through the one or the first resources being successful, the second resource between the one of the first resources and a first resource immediately after one of the first resource is not used for the UE (SINGH: ¶137, ¶140, ¶144, ¶48, ¶209, ¶200, ¶215, a communication of a signal is performed by the wireless device to the network device through at least one of the dedicated resources; when the communication is successful, the second resource (before the next dedicated resource i.e. immediately after the last dedicated resource before the first shared radio resource) is not used i.e. it is skipped)
wherein, based on the communication of the signal through one of the first resources failing, communication of the signal through the second resource is performed (SINGH: ¶215, communication of a signal (e.g. a TB) is continued in the shared resources between a first resource and a next first resource (see Fig. 8b))
SINGH remains silent regarding the communication being a reception by the UE.
However, WONG et al (US 2023/0388084) discloses the communication being a reception by the UE (WONG: ¶94, ¶104, ¶121, the reception of the PDSCH is communicated between the gNB and UE).
A person of ordinary skill in the art working with the invention of SINGH would have been motivated to use the teachings of WONG as it provides resource conservation at the gNB and the UE (¶99) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of SINGH with teachings of WONG in order to save radio resource not needed and reduce congestion.
Regarding claim 15, SINGH et al (US 2023/0422235) discloses A base station (BS) for transmitting and receiving a signal in a wireless communication system, the BS comprising: at least one transceiver;
at least one processor; and at least one memory operatively connected to the at least one processor and configured to store instructions that when executed causes the at least one processor to perform a specific operation including:
transmitting information for a first radio resource set and a second radio resource set, the first radio resource set including first resources within one period, and the second radio resource set including a second resource within the one period (SINGH: Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶3, a set of dedicated resources (first set) for a configuration/CG period is configured at the wireless device; ¶209, a set of shared resources (second set) are provided/configured at the wireless device),
wherein the first radio resource set is a dedicated resource set for a user equipment (UE), and the second radio resource set is a common resource set for a serving cell of the UE; (SINGH: Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶3, a set of dedicated resources (first set) for a configuration/CG period is configured at the wireless device; Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶209, a set of shared resources (second set) are provided/configured at the wireless device),
and based on the first resources and the second resource being available within the one period for the UE, attempting to perform transmission of a signal through one of the first resources (SINGH: ¶199, ¶206, Fig. 7 and Fig. 8b the first and second resources are available within the CG period; the communication is performed through one of the first set of resources (dedicated radio resources in Fig. 8b))
wherein, based on the transmission of the signal through the one of the first resources being successful, the second resource] between the one of the first resources and a first resource immediately after the one of the first resources is not used for the UE (SINGH: ¶137, ¶140, ¶144, ¶48, ¶209, ¶200, ¶215, a communication of a signal is performed by the wireless device to the network device through at least one of the dedicated resources; when the communication is successful, the second resource (before the next dedicated resource i.e. immediately after the last dedicated resource before the first shared radio resource) is not used i.e. it is skipped), wherein, based on the transmission of the signal through the one of the first resources failing, transmission of the signal through the second resource is performed. (SINGH: ¶215, communication of a signal (e.g. a TB) is continued in the shared resources between a first resource and a next first resource (see Fig. 8b)).
SINGH remains silent regarding the communication being a reception by the UE.
However, WONG et al (US 2023/0388084) discloses the communication being a reception by the UE (WONG: ¶94, ¶104, ¶121, the reception of the PDSCH is communicated between the gNB and UE).
A person of ordinary skill in the art working with the invention of SINGH would have been motivated to use the teachings of WONG as it provides resource conservation at the gNB and the UE (¶99) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of SINGH with teachings of WONG in order to save radio resource not needed and reduce congestion.
Regarding claim 2, SINGH modified by WONG discloses method of claim 1, wherein the signal is a physical downlink shared channel (PDSCH)) (SINGH: ¶173, ¶273, PDSCH; WONG ¶121, PDSCH).
Claim(s) 3-6, 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over SINGH modified by WONG as applied to claim 1 above, further in view of AWONIYI OTERI et al (US 2022/0417975)
Regarding claim 3, SINGH modified by WONG discloses method of claim 1, wherein the first radio resource set is configured based on a first semi-persistent scheduling configuration having a first index, and the second radio resource set is configured based on a second configuration having a second index (SINGH: ¶3, Fig. 5, index (equivalent to first and second index) is used to indicate configurations in RRC signaling;).
SINGH modified by WONG remains silent regarding, however, AWONIYI OTERI discloses the configuration is SPS configuration (AWONIYI-OTERI: ¶51-52, ¶57, Fig. 3, first and second SPS configurations)
A person of ordinary skill in the art working with the invention of SINGH modified by WONG would have been motivated to use the teachings of AWONIYI-OTERI as delays in communication associated with jitter (such as XR communications) are reduced, throughput is improved, and user experience is improved. User experience may be particularly improved for XR communications, where users are sensitive to issues caused by delays in communications (¶60). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of SINGH modified by WONG with teachings of AWONIYI-OTERI in order to improve throughput and user experience.
Regarding claim 4, SINGH modified by WONG modified by AWONIYI-OTERI discloses method of claim 3, wherein the first radio resource set is configured as the dedicated resource based on a first radio resource control (RRC) parameter in the first SPS configuration, and the second radio resource set is configured as the common resource based on a second RRC parameter in the SPS configuration (SINGH: ¶191, ¶218, ¶205, ¶173, ¶273, respective RRC parameter is used to indicate corresponding SPS configuration).
Regarding claim 5, SINGH modified by WONG modified by AWONIYI-OTERI discloses method of claim 3, wherein the first radio resource set is configured as the dedicated resource set by a first activation DCI for the first SPS configuration, and the second radio resource set is configured as the common resource set by second activation DCI for the second SPS configuration (SINGH: ¶209, configuration for both the dedicated and shared resource sets is sent using a downlink signaling; AWONIYI-OTERI, ¶51-52, ¶57, Fig. 3, DCI#1 and DCI#2 for each resource sets).
Regarding claim 6, SINGH modified by WONG modified by AWONIYI-OTERI discloses method of claim 3, wherein the one period is equally configured for (i) the first SPS configuration and (ii) the second SPS configuration (SINGH: Fig. 8b, Fig. 5, within a period, at least a parameter, such as inter repetition gap is equally configured for both the configurations; AWONIYI-OTERI, ¶51-52, ¶57, Fig. 3, SPS configuration).
Regarding claim 8, SINGH modified by WONG discloses method of claim 1, wherein the first radio resource set and the second radio resource set are configured based on one configuration having one index (SINGH: ¶170, same index is used for configuration for both the shared and dedicated resource sets).
SINGH modified by WONG remains silent regarding, however, AWONIYI OTERI discloses the configuration is SPS configuration (AWONIYI-OTERI: ¶51-52, ¶57, Fig. 3, first and second SPS configurations)
A person of ordinary skill in the art working with the invention of SINGH modified by WONG would have been motivated to use the teachings of AWONIYI-OTERI as delays in communication associated with jitter (such as XR communications) are reduced, throughput is improved, and user experience is improved. User experience may be particularly improved for XR communications, where users are sensitive to issues caused by delays in communications (¶60). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of SINGH modified by WONG with teachings of AWONIYI-OTERI in order to improve throughput and user experience.
Regarding claim 9, SINGH modified by WONG modified by AWONIYI-OTERI discloses method of claim 8, wherein the one SPS configuration includes a radio resource control (RRC) parameter for a number and/or ratio between the first resources and the second resources (SINGH: ¶191, ¶218, ¶205, respective RRC parameter is used to indicate corresponding configuration; AWONIYI-OTERI: ¶51-52, ¶57, Fig. 3, first and second SPS configurations)
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over SINGH modified by WONG as applied to claim 1 above, further in view of AWAD et al (US 2022/0232618).
Regarding claim 10, SINGH modified by WONG discloses method of claim 1, wherein data included in the signal is determined based on a data channel configuration (SINGH: ¶137, ¶139, ¶198, data/traffic is included in the transmission signal based on the channel configuration i.e. configured parameters for the data channel).
SINGH modified by WONG modified by AWONIYI-OTERI remains silent regarding the data channel configuration being logical channel configuration.
However, AWAD et al (US 2022/0232618) discloses the data channel configuration being logical channel configuration (AWAD: ¶57, resources are mapped to logical channel configuration).
A person of ordinary skill in the art working with the invention of SINGH modified by WONG would have been motivated to use teachings of AWAD as logical channel configuration provides robust control over prioritization, multiplexing and traffic management. This also enables controlled buffer management. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of SINGH with teachings of AWAD in order to improve flexibility of traffic and buffer management.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over SINGH modified by WONG as applied to claim 1 above, further in view of KANG et al (US 2022/0322063).
Regarding claim 7, SINGH modified by WONG discloses method of claim 1, wherein the first radio resource set is configured as the dedicated resource, and the second radio resource set is configured as the common resource (SINGH: ¶209, ¶167, first set of resources are dedicated resources for the UE and the second is a shared for multiple UE/wireless devices covered by the base station).
SINGH modified by WONG remains silent regarding the configuration at the UE is by UE assumption.
However, KANG et al (US 2022/0322063) discloses the configuration at the UE is by UE assumption (KANG: ¶205, ¶207, assuming at the UE, a congestion level, the resources from a first or second set is configured at the UE).
A person of ordinary skill in the art working with the invention of SINGH modified by WONG would have been motivated to use teachings of KANG as it provides a default mechanism when other, more accurate determinations of the congestions are not available. This also enables controlled buffer management. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of SINGH modified by WONG with teachings of KANG in order to improve un interrupted selection of the resources.
Response to Arguments
Applicant's arguments filed 6/26/2026 have been fully considered but they are not persuasive.
Applicant argues,
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Examiner respectfully disagrees with the above argument. Applicants take a position that AWONIYI-OTER does not disclose “…the UE actively attempts reception on a resource and dynamically skips to a second resource due to the absence of data…” Firstly, Examiner respectfully submits that this feature is not claimed. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Secondly, the claim 1 recites,
wherein the first radio resource set is a dedicated resource set for the UE, and the second radio resource set is a common resource set for a serving cell of the UE (SINGH: Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶3, a set of dedicated resources (first set) for a configuration/CG period is configured at the wireless device; Fig. 4b-c, Fig. 8b, ¶140, ¶144, ¶209, a set of shared resources (second set) are provided/configured at the wireless device)
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based on the first resources and the second resource being available within the one period for the UE, attempting to perform communication of a signal through one of the first resources (SINGH: ¶199, ¶206, Fig. 7 and Fig. 8b the first and second resources are available within the CG period; the communication is performed through one of the first set of resources (dedicated radio resources in Fig. 8b)),
wherein, based on the communication of the signal through the one or the first resources being successful, the second resource between the one of the first resources and a first resource immediately after one of the first resource is not used for the UE (SINGH: ¶137, ¶140, ¶144, ¶48, ¶209, ¶200, ¶215, a communication of a signal is performed by the wireless device to the network device through at least one of the dedicated resources; when the communication is successful, the second resource (before the next dedicated resource i.e. immediately after the last dedicated resource before the first shared radio resource) is not used i.e. it is skipped)
wherein, based on the communication of the signal through one of the first resources failing, communication of the signal through the second resource is performed (SINGH: ¶215, communication of a signal (e.g. a TB) is continued in the shared resources between a first resource and a next first resource (see Fig. 8b))
[0215] The disclosed embodiments provide a wireless communications device or UE 110 with a capability to suspend repetitive transmissions for a transport block. After a configured time gap duration dz during which repetitive transmissions are suspended, the wireless communications device or UE 110 is able to either resume repetitive transmissions for the transport block if there is no positive feedback such as an ACK received or skip the remaining repetition occasions if positive feedback such as an ACK is received.
SINGH remains silent regarding the communication being a reception by the UE.
However, newly cited reference discloses WONG et al (US 2023/0388084) discloses the communication being a reception by the UE (WONG: ¶94, ¶104, ¶121, the reception of the PDSCH is communicated between the gNB and UE).
A person of ordinary skill in the art working with the invention of SINGH would have been motivated to use the teachings of WONG as it provides resource conservation at the gNB and the UE (¶99) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of SINGH with teachings of WONG in order to save radio resource not needed and reduce congestion.
All remaining arguments are based on the arguments above and, therefore, are fully responded to
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMER S MIAN whose telephone number is (571)270-7524. The examiner can normally be reached M,T,W,Th: 10a-7p, Fri, 9a-12p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy D Vu can be reached at 571-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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OMER S. MIAN
Primary Examiner
Art Unit 2461
/OMER S MIAN/ Primary Examiner, Art Unit 2461
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